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(영문) 광주지방법원 2020.02.05 2019나58314
손해배상(기)
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 9,740,80 and KRW 6,740,80 among them.

Reasons

1. The scope of the trial at the court of first instance alleged that the Defendant’s defamation and unfair lawsuit were tort, and claimed for the payment of KRW 20,146,200 for damages (i.e., 10,000 for medical expenses of KRW 146,200 for each counsel’s fee of KRW 146,200 for consolation money of KRW 10,200 for damages) and damages for delay. The court of first instance accepted the whole and part of the medical expenses and consolation money (6,70,000 for the Plaintiff’s claim and damages for delay).

Therefore, the defendant appealed against the part against which he lost, and the plaintiff appealed against the consolation money only to the part of the consolation money, and it is apparent in the record that he raised an incidental appeal. Therefore, the subject of this court's judgment is limited to the part of the medical expenses and the

2. Basic facts

A. A. Around August 2017, the Defendant sent to the Plaintiff’s male job offering C an anonymous letter stating “A (the Plaintiff) to the Round, Haban, Haban, Haban, Haban, without his work experience, why you go to and from the Republic of Korea, I have the honor of fraud.”

B. On November 2017, the Defendant sent to C’s father an anonymous letter stating that “The Plaintiff up to abortions, and male relations are complicated. He knowsed that he may not know of v. S. S., and we can see correspondences at the same time with the mind that he knows.”

C. Around January 2018, the Defendant posted a letter by using handphones from other persons on the Plaintiff’s audience bulletin board of the program that the Plaintiff proceeds, stating, “Along with the need for an fluor of the fluor. The f.e., the f., the f., the f., the f., the f., the f., the f., the f., the f., the f., the f., the f., the f., the f., the f., and the f., the f., the f.e., the f., the f., the f.

In the first instance trial, the defendant refers to the defendant's voice that is better than D's letter of communication and that it is better to broadcast. D.

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